New York Labor Law 240 Scaffold/Ladder Construction Injury Attorneys
Serving Westchester, The Bronx,
Putnam, Rockland and All NYC
If you were injured in a fall or hit by falling materials at a New York construction site, workers' compensation is probably not the only claim you have — and the attorneys at our firm have spent decades making sure injured tradespeople know the difference.
What Is New York Labor Law 240 — and Why Does It Matter to Construction Workers?
New York Labor Law 240, commonly called the Scaffold Law, holds property owners and general contractors strictly liable for gravity-related injuries on construction sites. Strictly liable means the law does not require you to prove the property owner or contractor was careless — only that the accident involved a gravity-related risk the law was designed to prevent and that proper safety measures were not in place.
New York is the only state in the country that maintains this level of protection for construction workers. That distinction matters. It means that a NY Scaffold Law construction worker who falls from a ladder or is struck by a falling object has legal options that workers in other states simply do not have — and those options are almost always worth far more than anything workers' comp will pay.
Who Is Protected Under New York's Scaffold Law?
Labor Law 240 applies to workers engaged in construction, demolition, alteration, repair, and painting — carpenters, ironworkers, electricians, roofers, plumbers, laborers, and other tradespeople working at any elevation. If you are employed by a subcontractor rather than the general contractor directly, the law still applies to you.
The law also covers workers performing maintenance or repair on existing structures, not only new construction. If you were working on a building owned by a third party and fell from any elevated surface, you may have a claim regardless of who was paying your wages on that day.
What Types of Accidents Qualify Under Labor Law 240?
The Scaffold Law covers falls from elevation and injuries caused by falling objects. Qualifying accidents include:
- Falls from ladders, scaffolding, roofs, and raised platforms
- Falls through unguarded floor openings, gaps, or holes
- Falls from planks, hoists, or any temporary elevated work surface
- Injuries caused by falling tools, materials, or equipment
- Scaffold collapses and ladder failures
A formal scaffold is not required. If you fell from any elevated surface — or if an unsecured object fell and struck you — the law likely applies. We have argued Labor Law 240 Westchester County cases involving ladders, holes in floors, and temporary planks. It covers more than most workers realize.
Why a Labor Law 240 Claim Is Stronger Than a Standard Negligence Case
In most personal injury cases, the injured person must prove the other party was negligent — that they acted carelessly and that carelessness caused the harm. Strict liability fall from height claims under NY Labor Law 240 work differently.
Under the Scaffold Law, the property owner and general contractor are responsible for gravity-related injuries whether or not they were on the site, whether or not they gave any instructions to your crew, and even if they had no direct involvement in the conditions that caused your fall. Their failure to ensure that proper safety measures were in place — working ladders, secured scaffolding, safety lines, barriers over floor openings — is sufficient to establish liability.
That distinction matters significantly both to the strength of the claim and to the compensation a court or jury may award.
Workers' Comp and Labor Law 240 Are
Two Separate Claims You Can Pursue Both
Workers' compensation covers your medical expenses and a portion of your lost wages. It does not cover pain and suffering. It does not account for permanent disability beyond a formula-based calculation. And in most construction fall cases, it does not come close to covering what has actually been taken from you.
A Labor Law 240 third-party claim is filed separately, against the property owner and general contractor, and can be pursued at the same time as your workers' comp case. Accepting workers' comp benefits does not waive your right to file a civil lawsuit under the Scaffold Law. In our experience representing construction workers across Westchester County and the Bronx, these third-party Labor Law 240 claims — particularly in fall-from-height cases — result in substantially greater recoveries than workers' comp alone.
This Claim Is Not Against Your Employer
It's Against the Property Owner and General Contractor
The concern we hear most often from tradespeople is that filing a claim will damage their relationship with their employer or close doors in the industry. It is a legitimate concern, and the structure of the law addresses it directly.
In the vast majority of Labor Law 240 cases, the defendants are the property owner and the general contractor — not your direct employer. Your employer is typically shielded from civil suit by workers' compensation exclusivity. The claim we file on your behalf targets the parties who were responsible for site safety conditions and failed to provide them.
You are not suing your boss. You are holding accountable the contractor and property owner who put you on a site without adequate protection.
Labor Law 240 and Related Claims Under Labor Law 241
Labor Law 240 applies specifically to gravity-related accidents — falls and falling objects. Labor Law 241, which governs general construction site safety requirements, covers additional accident types including injuries from inadequate lighting, improper equipment, and unsafe work conditions that are not elevation-related. Many construction accident cases involve valid claims under both statutes.
If the circumstances of your accident don't fit squarely into a fall-from-height scenario, your case may still qualify under Labor Law 241 or Labor Law 200, which addresses general negligence by owners and contractors. A New York Labor Law 240 attorney at our firm will evaluate every applicable claim based on the specific facts — not just the most obvious one.
How Long Do You Have to File a Labor Law 240 Claim in New York?
The statute of limitations for most Labor Law 240 claims in New York is three years from the date of the accident. If your claim involves a municipality — a city, county, or state agency — the deadline is significantly shorter, and a notice of claim must typically be filed within 90 days of the injury.
Missing either deadline almost always means losing the right to file. If you or a family member were injured in a construction fall in Westchester County or the surrounding area, speaking with a construction fall attorney in New York as soon as possible preserves every option available to you.
Tomkiel & Tomkiel Attorneys at Law has represented injured construction workers across Westchester County and the Bronx for more than four decades. Stanley A. Tomkiel III came up working in the trades before becoming an attorney — he understands the industry, the pressures workers face, and what a serious injury on a job site actually costs a family. The firm holds the Martindale-Hubbell AV Preeminent rating and has been recognized by Super Lawyers and the National Trial Lawyers Top 100.
Frequently Asked Questions About New York Labor Law 240
What is New York Labor Law 240, the Scaffold Law?
New York Labor Law 240, called the Scaffold Law, requires property owners and general contractors to provide adequate safety equipment — including scaffolding, ladders, safety lines, and barriers — for workers performing construction, demolition, or repair work at any elevation. When a worker is injured in a gravity-related accident because proper protection was absent or failed, the property owner and contractor are strictly liable, regardless of whether they were on-site or directly supervising the work.
Can I sue under Labor Law 240 if I fell from a ladder at work?
Yes. The Scaffold Law applies to falls from any elevated work surface — ladders, roofs, planks, hoists, and temporary platforms — not only from formal scaffolding. If you fell from a ladder on a construction, demolition, or repair site in New York, your accident is likely within the scope of the law. One conversation with our team will tell you whether it applies to your specific situation.
Does Labor Law 240 apply to me as a construction subcontractor?
Yes. The law extends to employees of subcontractors, not only workers directly employed by the general contractor. If you were injured at a site owned or controlled by a third party, you may have a claim against the property owner and the general contractor regardless of who was cutting your checks.
I'm collecting workers' comp. Can I still file a Labor Law 240 claim?
Yes. A Labor Law 240 claim is a separate civil action filed against the property owner and general contractor — it is not a claim against your employer. Workers' comp and a third-party Labor Law 240 lawsuit can be pursued at the same time. Workers' comp covers medical bills and partial wages; a Labor Law 240 case can recover pain and suffering, full wage loss, and other damages that workers' comp does not address.
How much can I recover in a Labor Law 240 case in New York?
There is no fixed amount — the value of a claim depends on the severity of the injury, its effect on your ability to work, your medical expenses, and the specific facts of the accident. Because strict liability applies under the Scaffold Law, these cases tend to produce significantly larger recoveries than standard negligence claims. The only way to get a real answer for your situation is to speak with a New York Labor Law 240 attorney who can review what actually happened.
Where can I find a Labor Law 240 attorney near me in Westchester County?
Tomkiel & Tomkiel is located at 925 Westchester Avenue, Suite 115, White Plains, NY. We represent injured construction workers throughout Westchester County — including Yonkers, New Rochelle, Mount Vernon, and Yorktown — and in Bronx communities including Riverdale and Fordham. Call or text (914) 721-7000 any time. Our answering service is available 24 hours a day.
Workers' Comp Isn't the End of the Road, Find Out What You're Actually Owed
Your employer told you what workers' comp covers. They didn't tell you about the other claim. If you were injured in a fall or struck by a falling object on a New York construction site, the attorneys at Tomkiel & Tomkiel will review your case at no cost and tell you exactly what you may be entitled to under the Scaffold Law.